Sections 92 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Two short sections close the offences Chapter. Section 92 says a court takes cognizance of an offence under sections 88 and 89 only on a complaint filed by the Central Authority or an officer authorised by it. Section 93 punishes the Director General or another officer who searches premises or seizes records or articles under section 22 while knowing there are no reasonable grounds for doing so. If either section touches your business, our legal dispute resolution team can help you with the next step.
Section 92: no competent court shall take cognizance of an offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it. Section 93: the Director General or any other officer exercising powers under section 22, who knows there are no reasonable grounds and yet searches premises or seizes a record, register, document or article, is punished with imprisonment up to one year, or fine up to Rs 10,000, or both, for every such offence.
The two sections at a glance
| Section | Subject | Key point |
|---|---|---|
| 92 | Cognizance by a court | Offences under ss.88 and 89 only; on complaint by the Central Authority or an officer authorised by it |
| 93 | Vexatious search | Officer under s.22 who knows there are no reasonable grounds and still searches or seizes; up to one year, or up to Rs 10,000, or both |
Section 92: who can start the prosecution
"No cognizance shall be taken by a competent court of any offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it in this behalf."
Take the words in turn.
- "Cognizance". This is the court's first step of taking notice of an offence so as to start proceedings. The word is used in the Code of Criminal Procedure, 1973, and the Act does not define it.
- "Competent court". A court that has power to try the offence. The text does not name it. Note that section 72 gives the Commissions the power of a Judicial Magistrate of first class for offences under section 72 only; see sections 72–73 on non-compliance and appeal. Section 92 speaks of a "competent court" and does not say a Commission.
- Only ss.88 and 89. Section 88 covers failing to comply with a Central Authority direction under sections 20 and 21, and section 89 covers false or misleading advertisement. See sections 88–89 on those offences. Section 92 does not mention sections 90 and 91 (adulterant and spurious goods), so this restriction is not printed for them.
- Complaint by the Central Authority or an authorised officer. A consumer, a competitor or a consumer association cannot themselves launch a prosecution for these two offences. Their route is to bring the matter to the Central Authority, which may complain to court. The text does not say how an officer is authorised.
- "Except on a complaint". The bar is on the court taking cognizance. It does not stop the Central Authority from acting under its other powers.
Note on the statutes cited: the Code of Criminal Procedure, 1973 was replaced from 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita (BNSS). This article gives no new section numbers.
Example. A competitor spots a misleading advertisement and wants the advertiser prosecuted under section 89. The competitor cannot file the criminal complaint directly. It can approach the Central Authority; if the Central Authority, or an officer it has authorised, files a complaint, the court can take cognizance. Our guide to the Central Consumer Protection Authority explains how the authority works.
Section 93: vexatious search
"The Director General or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet—
(a) searches, or causes to be searched any premises; or (b) seizes any record, register or other document or article,
shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both."
| Element | Text |
|---|---|
| Who | The Director General or any other officer exercising powers under section 22 |
| Knowledge | Knows there are no reasonable grounds for so doing |
| Act (a) | Searches, or causes to be searched, any premises |
| Act (b) | Seizes any record, register or other document or article |
| Penalty | Imprisonment up to one year, or fine up to Rs 10,000, or both |
| Counting | "For every such offence" |
Points to note:
- Knowledge is the core. The officer must know that there are no reasonable grounds. An honest mistake, or a search that later turns out to be groundless, is not within the words. The section does not say how knowledge is proved.
- Section 22 powers. The search and seizure powers of the Central Authority are in section 22. This offence applies only to an officer exercising those powers.
- Alternatives. Imprisonment "or" fine "or" both. There is no minimum.
- "For every such offence". Each search, and each seizure, may be an offence of its own. The text does not say whether a search followed by a seizure in the same visit is one offence or two.
- Who prosecutes. The section does not say who may complain or which court tries it. Section 92 covers only sections 88 and 89, so the complaint requirement is not printed for section 93.
- Public servants. Section 95 deems certain officers to be public servants within the meaning of section 21 of the Indian Penal Code, which is relevant to how such an officer is dealt with. See our article on sections 95, 97 and 98. From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita (BNS); no new section numbers are given here.
- Good faith protection. Section 98 protects acts done in good faith. The text does not say how sections 93 and 98 interact.
What the text leaves out
- Section 92 does not say whether the Central Authority can delegate to any officer or only to named ranks.
- Section 93 gives no compensation to the person whose premises were searched. Any other remedy is not described.
- Neither section sets a time limit for the complaint or the prosecution.
Need help with a prosecution or a search?
If you are facing a complaint under sections 88 or 89, or your premises were searched, check at once who filed the complaint, whether the officer was authorised and what was seized. Our team can review the papers with you. Book a legal dispute resolution consultation and bring the notice, search record and list of items seized.
Key takeaways
- Courts take cognizance of offences under sections 88 and 89 only on a complaint by the Central Authority or an officer it authorises (s.92).
- Section 92 does not mention sections 90 and 91.
- Section 93 punishes an officer who knows there are no reasonable grounds and still searches or seizes under section 22.
- The penalty under section 93 is up to one year, or up to Rs 10,000, or both, for every such offence.
- The text sets no procedure or limitation for either section.
Read next
- Sections 88–89: non-compliance with CCPA directions and misleading advertisement offence
- Section 94: unfair trade practices in e-commerce and direct selling
- Section 96: compounding of offences
- Central Consumer Protection Authority (CCPA)
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.